Can a patent be invalidated for failure to disclose the best mode?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a patent can be invalidated for failure to disclose the best mode, but only under specific circumstances. According to MPEP 2165.02 : “Failure to disclose the best mode is a basis for a defect under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. However, the failure to disclose the best mode is not a basis for the cancellation or invalidation of a patent claim.” This means that while failure to disclose the best mode can be a defect in the patent application, it cannot be used as a grounds for invalidating an already issued patent claim in litigation. However, it’s important to note that this limitation on invalidation only applies to patents subject to the America Invents Act (AIA), which went into effect on September 16, 2012. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Best Mode Requirement for Applications Filed On Or After September 16, 2012 MPEP 2165 Best Mode Requirement Not Triggered by Lack of Mode Description MPEP 2165.02 Best Mode Disclosure Not Needed for Examining Procedure MPEP 2165 Recommended Best Mode Is Required Separately From Enablement MPEP 2165.02 Best Mode Must Not Invalidate Patent MPEP 2165 Prohibited Best Mode Not Altering Examining Practices MPEP 2165 Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Required Invention's Best Mode Must Be Disclosed MPEP 2165 Required Best Mode Must Be Disclosed MPEP 2165 Other Related FAQs 5 FAQs Collapse How does the America Invents Act (AIA) affect the best mode requirement in patent law? What is the obligation imposed by the best mode requirement? How does the best mode requirement contribute to public disclosure in patent law? What is the mai...